Advice Support Tool

Theme: Assistive Technology

Sub-Theme(s): Vehicle Harness or Buckle Guard or Child Car Seat

References:* NDIS Act 2013 Section 34 1. (a) - (f) and 2.

• NDIS Support for Participant Rules 2013
• Our Guideline – Assistive Technology
• NDIS Quality and Safeguards Commission Safe Transportation Practice Guide
• MACA website
• s47E(d) - certain operations of agencies
• NDIS (Restrictive Practices and Behaviour Support) Rules 2018
• NDIS Participant Critical Incident Framework
• NDIS Commission Provider Responsibilities - Behaviour Support
• s47E(d) - certain operations of agencies

Overall considerations to guide advice:

1. s47E(d) - certain operations of agencies

Note: All criteria need to be met for the supports to be funded through the NDIS.

Criteria for reasonable and necessary supports	Is criteria met?	Considerations (including evidence used)
34.1(a) Enabling the participant’s goals and objectives (supports will assist the participant to pursue the goals and objectives in their plan)	Yes —>	Consider how community access may be achieved through provision of a vehicle harness/buckle guard/car seat.
& No ——>	Vehicle harness/buckle guard/car seat.

34.1(b) Assist the participant’s social and economic participation | & Yes > | If the vehicle harness/buckle guard/car seat will enable safe

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Criteria for reasonable and necessary supports

(supports will assist the participant to undertake activities to facilitate their social and economic participation)

Value for money

(supports represents value for money, ie the costs of support are reasonable, both in terms of the benefits achieved and the cost of alternative support)

Consider NDIS Support for Participant Rules 2013 Part 3.1 (a) – (f); s47E(d) - certain operations of agencies

Are there comparable support options which would achieve the same outcome at a substantially lower cost? What alternative supports were considered?

Is there evidence that the support will substantially improve the life stage outcomes and be of long-term benefit to the participant?

Is there evidence that funding support is likely to increase independence and reduce funded support costs in the long-term?

Is there evidence the support will increase the participant’s independence and reduce the participant’s need for other kinds of supports?

’S47E(d)-certain operations of agency

SS ———EE >) ——SEEEE SaaS]

Is there evidence the quoted support cost is comparable to expected cost of same kind of supports? S47E(a)=certainoperstionsioragencies

7E(d) - certain operations of agencies

O No

Criteria for reasonable and necessary Is criteria Considerations (including evidence met? used)

(supports will assist the participant to ONo ——>| transportation, it will increase undertake activities to facilitate their social social/economic participation. and economic participation )

34.1(c) Value for money Yes ?

What is the primary purpose of the support? #72@ s47E(d) - certain operations of agencies

Has the vehicle harness/buckle guard/car seat been trialled to determine suitability for the participant and carer/s?

7E(d) - certain operations of agencies

Criteria for reasonable and necessary supports

Criteria for reasonable and necessary supports	Is criteria met?	Considerations (including evidence used)
34.1(d) Support is effective or beneficial for the participant
(supports will be, or are likely to be, effective for desired effect and beneficial for the participant, having regard to current good practice)
Consider NDIS Support for Participant Rules 2013 Part 3.2 and 3.3
What are the expected benefits of the support provision?
How will the effectiveness of the achieved outcome be measured?
When will the effectiveness of the achieved outcome be achieved?
Are there other supports required to achieve or maximise the reported support outcomes for participant?	☑️ Yes →	As per the NDIS Quality and Safeguards Commission Safe Transportation Practice Guide

“It is the NDIS Commission’s position that the following devices used in a vehicle when transporting a person with disability are not considered regulated restrictive practices irrespective of whether or not the person is also engaging in a behaviour of concern. This applies to the use of these devices only during the course of transportation (i.e., taking a person from one place to another):

• Child and window locks on vehicles
• Seat belt guards” |

| Criteria for reasonable and necessary Is criteria Considerations (including evidence supports met? used) | - A dividing screen between the driver and the back seat

• Aharness prescribed for postural/ therapeutic support when travelling in a vehicle.” “In some circumstances restrictive practices used in a vehicle may fall under mechanical restraint, or environmental restraint depending on the manner and context the device is applied. If the devices outlined on page 9 are used in any other circumstances to manage behaviours of concern then this would constitute a regulated restrictive practice. For example:
• Using a seatbelt guard while the vehicle is not in transit to keep a person with disability in their seat because they are agitated is a mechanical restraint.
• Using a harness on a person to manage a behaviour of concern in a vehicle who does not require it for postural/ therapeutic support is a mechanical restraint.” If the vehicle harness/buckle guard/car seat is considered a restrictive practice, it should be assessed and recommended as the least restrictive alternative by a behaviour support practitioner in the participant’s Behaviour Support Plan. It may be included as a mechanical restraint or an environmental restraint. |

Criteria for reasonable and necessary supports

Considerations (including evidence used)

• s47E(d) - certain operations of agencies

If unauthorised RRP is occurring, the delegate should follow the Agency’s procedures relating to reportable participant critical incidents.

As outlined in Section 34.1c above, has the vehicle harness/buckle guard/car seat been trialled to determine suitability for the participant and carer/s?

34.1(e) Support coordinates with but does not replace informal support

• Yes

Sometimes requests are submitted for mainstream car seat options, although these would generally be

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Criteria for reasonable and necessary supports

(funding or provision of supports takes account of what it is reasonable to expect families, carers, informal networks and the community to provide) Consider NDIS Support for Participant Rules 2013 Part 3.4

Is criteria met?

• No → | non-mandatory referrals. Consider whether the car seat is required solely and directly as a result of the participant’s disability support needs (Part 5.2a), s47E(d) - certain operations of agencies

Support is most appropriately funded by the NDIS

(supports are not more appropriately funded or provided through other general service systems or universal service obligations) Consider NDIS Support for Participant Rules 2013 Schedule 1.

Is criteria met?

• Yes → | If the support is requested for school transport, enquire about whether funding is available through education. s47E(d) - certain operations of agencies

Support will not cause harm

(Supports will not be funded if it is likely to cause harm to the participant or pose a risk to others, or the support would be contrary to a law of a jurisdiction) Consider NDIS Support for Participant Rules 2013 Part 5.1 and 5.3

Is criteria met?

• Yes → | Has the AT assessor addressed the road laws for transporting children with disabilities and medical conditions between states and territories as outlined on the MACA website? It is the responsibility of the AT assessor to ensure that relevant state guidelines are followed. As outlined in Section 34.1d above, is the use of RRP by a NDIS funded service provider contained in a Behaviour Support Plan that has been authorised (as required by State legislation) and reported to the NDIS Quality and Safeguards Commission. (NDIS Act 2013 and NDIS Restrictive Practices and Behaviour Support Rules, Section 24(2) 2018)?

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Criteria for reasonable and necessary supports

Criteria for reasonable and necessary supports	Is criteria met?	Considerations (including evidence used)
Support is directly related to the participant’s disability (supports will not be funded under the NDIS if they do not relate to the participant’s disability or are day-to-day expenses or income replacement)	☑️ Yes	As outlined in Section 34.1e above, sometimes requests are submitted for mainstream car seat options, s47E(d) - certain operations of agencies Consider whether the car seat is required solely and directly as a result of the participant’s disability support needs (Part 5.2a), s47E(d) - certain operations of agencies
Support does not duplicate other supports (supports do not duplicate other supports delivered under alternative funding through the NDIS such as Information, Linkages and Capacity Building (ILC) funding.)	☑️ Yes	Sometimes requests are submitted for a second car seat (eg. For parents with shared custody, second vehicles etc).
Are all of the above criteria met for all supports?	☐ No

Version Control

Version #	Status	Date	Modified by	Brief Description of Modification
V1.0	Cleared	01/09/2023	SRL469	Production of initial V1.0
V1.0	Cleared	05/09/2023	JIF775	Transferred to Key Advisor Advice Resources repository

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